Wednesday 13 March 2013
Internal Disciplinary Proceedings
Do the judicial doctrines of res judicata and abuse of process apply to internal disciplinary proceedings?
No, says the Court of Appeal in Christou v London Borough of Haringey.
The facts related to the handling of the tragic Baby P case, in which a 17-month-old baby died as a result of abuse. The Claimants had been social workers responsible for Baby P and were employed by Haringey Council. Initially, the Claimants were disciplined under the Council's disciplinary procedure and given a written warning. Following extensive media coverage, a review of the case found the original disciplinary proceedings to have been "blatantly unsafe", and fresh disciplinary proceedings were instituted. As a result of these proceedings, both Claimants were dismissed.
The main argument relied on by the Claimants was that the doctrine of res judicata prevented the re-opening of a matter where a decision has already been pronounced by a judge or other tribunal with jurisdiction. The Court of Appeal rejected that argument, saying "it is wrong to describe the exercise
of disciplinary power by the employer as a form of adjudication".
The Court of Appeal held that the purpose of disciplinary procedure is not "a determination of any issue which establishes the existence of a legal right", nor does it determine a dispute. The critical question was whether the procedures "operate independently of the parties such that it is appropriate to describe their function as an adjudication between the parties".
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